Chapter VII MISCELLANEOUS

1. (1) The Government may delegate all or any of its powers, duties and functions under this Act to the Director or any other Officer.
2. (2) Every person to whom any power is delegated under sub-section (1), may exercise that power in the same manner and with the effect as if such power had been conferred on him directly by this Act and not by way of delegation.

1. (1) The Managing Committee of every recognised private school shall enter into a written contract of service with every employee of such school : Provided that if, at the commencement of this Act, there is no written contract of service in relation to any existing employee of a recognised school, the Managing Committee of such school shall enter into such contract within a period of three months from the commencement of this Act : Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this Act between him and the school.
2. (2) A copy of every contract of service referred to in sub-section (1) shall be forwarded by the managing committee of the concerned recognised school to the Director who shall on receipt of such copy register it in such a manner as may be prescribed.
3. (3) Every contract of service referred to in sub-section (1) shall provide for the following matters, namely :-
   • (a) the terms and conditions of service of the employee, including the scale of pay and other allowances to which he shall be entitled;
   • (b) the leave of absence, age of retirement, contributory provident fund or any other benefits to which the employee shall be entitled;
   • (c) the penalties which may be imposed on the employee for the violation of any code of conduct or the breach of any term of the contract entered into by him;
   • (d) the manner in which disciplinary proceedings in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service, or reduced in rank;
   • (e) arbitration of any dispute arising out of any breach of contract between the employee and the managing committee with regard to:—
     • (i) pay and other allowances ;
     • (ii) leave of absence, age of retirement, contributory provident fund and other benefits ; and
     • (iii) any disciplinary action leading to the dismissal or removal from service or reduction in rank of the employee ;
   • (f) any other matter which in the opinion of the managing committee, ought to be, or may be specified in such contract.

1. (1) Every recognised school shall be inspected at least once in each financial year in such manner as may be prescribed.
2. (2) The Director may also arrange special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him.
3. (3) The Director may give directions to the managing committee requiring it to rectify the defects or deficiencies found at the time of inspection or otherwise in the working of the school.
4. (4) If the managing committee fails to comply with any directions given under sub-section (3), the Director may, after considering the explanation or report, if any, given or made by the managing committee, take such action as he may deem fit, including—
   • (a) stoppage of aid (in case of aided schools);
   • (b) withdrawal of recognition ; or
   • (c) taking over of management.

No civil court shall have jurisdiction in respect of any matter in relation to which the Government or the Director or any other person authorised by the Government or Director or any other officer or authority appointed or specified by or under this Act, is empowered by or under this Act or exercise any power, and no injunction shall be granted by any civil court in respect of any thing which is done or intended to be done by or under this Act.

No suit, prosecution or other legal proceeding shall lie against the Government, Director or any other person authorised by the Government or Director for any thing which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

1. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :—
   • (a) the manner in which education may be regulated by the Government in the State ;
   • (b) the conditions which every existing school shall be required to comply with ;
   • (c) establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school ;
   • (d) the form and manner in which an application for recognition of a school shall be made ;
   • (e) the facilities to be provided by a school to obtain recognition;
   • (f) the manner in which, and the authority to which, any appeal against the refusal, withdrawal or recognition shall be made ;
   • (g) the minimum qualifications for employees in different categories;
   • (h) the authorities to be specified for the purposes of the different provisions of this Act ;
     • (i) the particulars which a scheme of management shall contain and the manner in which such scheme shall be made ;
   • (j) variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid ;
   • (k) the conditions under which aid may be granted to recognised school and on the violation of which aid my be stopped, reduced or suspended;
   • (l) the part of the expenditure of a recognised school which is to be covered by aid ;
   • (m) particulars of school property which would be furnished to the appropriate authority ;
   • (n) the form in which, and the time within which, an appeal shall be preferred to the Government against an order made in relation to the transfer, sale, mortgage or lien or lease of any school property;
   • (o) admissions to a recognised school ;
   • (p) fees and other charges which may be collected by an aided school;
   • (q) the manner of inspection of recognised school ;
   • (r) financial and other returns to be filed by the managing committee of recognised private school and the authority by which such return shall be audited ;
   • (s) educational purposes for which the income derived by way of fees by recognised unaided school shall be spent ;
   • (t) manner of accounting and operation of school funds and other funds of a recognised private school;
   • (u) fees, for preferring an appeal under this Act ; and
     • (v) any other matter which is to be, or may be, prescribed under this Act.
3. (3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Haryana Aided Schools (Security of Service) Act, 1971 (Haryana Act No. 10 of 1971), is hereby repealed. ? ? ?